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AGENDA DOCUMENTS MEMORANDUM 20 February 1986 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Boynton Commercenter - Permitted Uses The purpose of this memo is to respond to your request for comment concerning the list of uses suggested by Mr. Applefield, Director of Leasing for inclusion with the list of previously permitted uses in the Boynton Commercenter. It is the opinion of the Planning Department that except for package express and messenger services, the uses are not acceptable. The reasons for this are as follows: 1. Food and food service businesses tend to produce odors and the potential for other kinds of nuisances is greatly enhanced. These kinds of uses could have a serious affect on homes to the west. 2. Warehousing uses are more appropriately located in an industrial zone, not a commerce park. It is apparent that the applicant is attempting to change the character of the Comrnercenter to one that would be totally in- consistent with the original basis of approval and with existing uses in the surrounding area, including uses currently located in the Park. Furthermore, the ability to permit uses in a PID is vested in the Planning and Zoning Board, by Ordinance. For your information, I am attaching a copy of a memorandum I prepared on January 23, 198~~which attempts to explain the intent and purpose of PID's. ~J ~ CARMEN S. AN~ZIATO /bks Attachment MEMORANDUM 23 January 1986 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Permitted Uses at Boynton Comrnercenter --..-- At the City Council meeting of January 21, 1986 two people spoke under Public Audience in connection with permitted uses at the Boynton Commercenter Planned Industrial Development. The first speaker, Mr. Timothy Rand, would like to have the list of permitted uses expanded at the Commercenter to include a gymnasium training school with attendant manufacturing and distribution of gymnasium training school equipment. The second speaker, Mr. Charles Carrin, Pastor of the Grace Fellowship Congregation, is interested in having churches added to the list of permitted uses. For your information, you will find a list of uses permitted at the Boynton Comrnercenter attached to ths memorandum as Exhibit A. Current procedure has the Planning Department responding to requests submitted by Commercenter representatives for a determination of consistency of potential lesees with the approved list of permitted uses. Two examples of such requests and a typical response are attached for your information as Exhibit B. In this instance, the Department's response resulted in the public requests of Mr. Rand and Pastor Carrino In order to understand the basis for approval by the Planning and Zoning Board of the list of uses to be permitted at the Commercenter Planned Industrial Development, it is necessary to consider the foundation upon which the Planned Industrial Development District regulations was built. In the mid-1970's, the then newly appointed City Planner evaluated the existing OP Industrial Office Park regulations based on current trends in industrial land development and recommended a complete restructuring of the District into a Planned Industrial Development District patterned after model ordinances and with examples of projects constructed consistent with similar regulations. After the initial review of the proposed regulations, field trips, work- shops and public hearings, the City Council adopted Ordinance No. 77-9 which set in place a hybrid industrial district which . ---~--- - ------- Page Two. took advantage of master planned development and listed as it's stated Intent and Purpose, the following: A. INTENT AND PURPOSE. A planned industrial development district (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. -'4l Regulations for the PID are intended to accomplish a more desirable environment for industrial develop- ment in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. With respect to the permitted uses, the PID attempts to take ad- vantage of changing techniques by not listing a set of permitted uses. Instead, only office, professional, business (wholesale or retail) or industrial uses which are found by the Planning and Zoning Board to be (l) not in conflict with the standards listed in Section 4-N of the zoning regulations (See Exhibit C) and (2) consistent with the intent and purpose of the PID regulations. For your information, I have included Section 7-E Uses Permitted of the PID Zoning Regulations as Exhibit O. In conclusion, it is my recommendation that the PIO regulations not be altered to permit gymnasiums or churches as permitted uses, however, under certain conditions, aspects of each might be construed to be uses ancillary to other permitted uses, planned and constructed to accomodate these uses such as a weight room in a health club or a chapel in a large industrial facility. Among the concerns raised by the inclusion of gymnasiums or churchs in PID's are the following: 1. The interface of industrial/office traffic with gymnasium/church traffic; 2. Inadequately designed sites in terms of parking or occupancy; 3. Uses which are significantly different than those contemplated in PIO's do not compliment existing or potentially permissible uses and thus reduce potential employment; and, Page Three. ......, /bks Attachments 4. The long term impacts associated with opening up PIO's to uses similar or equal to gymnasiums or churches. Additionally, the City has provided adequate amounts of land zoned to accomodate these uses, as gymnasiums are permitted in all C-3 and C-4 zones and churches are permitted in all residential and commercial zones. C~/C ~ CARMEN S. ANNU~TO MEMORANDUM ", " 13 November 1985 - TO: OCCUPATIONAL LICENSE DEPT. FROM: JAMES J. GOLDEN, ASSIST~~ CITY PLANNER :REVISED PERMITTED USES - BOYNTON COM!lliRCENTER PID RE: .-.... The following uses have been approved by the Planning and Zoning Board at Boynton Commercenter, ,for the warehouse buildings located in this Plann~d ~ndustrial Development (PID): Permitted Uses, Not Requiring Environment~l Review Approval Personal Services Carpet and Upholstery Cleaning . , Manufacturing, including co~pounding, assembly, repair, or treatment of articles or merchandise =~o~ the following previously prepared materials: . Cellophane - Canvas. Fiber {i.e., wood, except that f~~iture ~fg. regulres environmental review) Fiberglass Glass Leather Textiles Yarn' , . Warehouse, distribution, wholesale Any use listed in Sections B.A.c. (2),(3),(4),(6),(7), (14), and~ (16)' of the "~-1 INDDS~~IAL DIS~~ICT" Zoning Reoulations. Retail sales are allowed for goods listed under these sections, provided that less t~an 50% of the goods sold on the premises are sold at retail. Page Two. Operations Center -- requiring a mix of rroderate warehouse and increased office use. " i.e., Bank Operations Center Insurance Company Records Storage . Government Operations Facility Radio/Television Studio Offices for contractors and 'other businesses (storage, shops, and truck parking for contractors is specifically propibited, however) For these uses and other uses, up to 25% of the floor area can be devoted to office use without being considered a seperate occupancy. Above 25%, the office floorspace would have to meet the parking requirements for office use (1 space per 300 square feet). Us~s requiring' Environmental Review -- See Planning Department for Application;. . ". Manufacturing, including compounding, assenbling, repair, treatment of articles or merchandise from the following previously prepared materials: or Cosmetics Drugs Pharmeceuticals Paper Plastics Metal (i.e~, machine shop) 'Wire Rubber Electrical appliances, instruments, devices, and components Auto parts and equipment Boat parts and equipment Airplane parts and equipment f1edical equipment, instruments, devices, and components Furnit'lfre precision instruments Engraving, printing, and publishing . All uses no~ specifically listed above are prohibited. Fu+thermore, ,the following uses are ~xpressly prohibited: " Fertilizer manufacturing, sale, or distribution Millwork Hetal casting Y7elding shops Contractoi!s shops, storage~ or truck parking Retail sales, where the value of goods sold at retail exceeds SO~ of the total value of goods sold from the premises. Any warehouse or wholesale use which is listed in Section 8.A.2.b., Section 8.A.3.c., or Section 8.A.S.b. of the "11-1 INDUSTRIAL DISTRICT" Zoning Regulations. ~ Ilat cc: ~I;-~ Building Official Central File BOYNTON COMMERCE CENTER INC. '- .- Mr. James F. Golden Assistant City Planner City of Boynton Beach Boynton Beach, Florida 33435 Dear Jim: i ~ ,..-.,..........- ..I!....... 1M f1 ,.. ~ ~ T-D -.J'--'~..:.. r ..on ~ JAN ~ 12,;8 PLANNING DEPT. - - Janua ry 6, 1986 I am currently negotiating with Mr. Tim Rand of Boca Raton, in which he plans to operate a gymnastics training school for youth. This is a school for the serious gymnast with advisors like coaches of the major college gymnastics teams in the area. We foresee no parking problems as the youth will be dropped off and pIcked up by their parents. Mr. Rand may establish a course for adults during an early evening. The operation of trade and industrial schools is a permitted use under Sec. 8A1D (5) of an M-1 Industrial District. I am hopeful that you will consider the enterprise of Tim Ra~ a permitted use at the Boynton Commercenter, and a welcome ad- dition to the City of Boynton Beach. PJA/jan 1902 CORPORATE DRIVE Yours sincerely, .~'~ I, Peter J. Applefield Director of Leasing BOYNTON BEACH, FLORIDA 33435 . --._----.-----_._---- ~- ~ ~ "-"--,.-, ~ ~.-'"", !~: H:: ~ "f; ~) .-:_.t..i-~'-'_~<_-, v :>...-:-&,-, JAt'J ,~ 'J 1:;86 PLANNiNG DEPT. t BOYNTON COMMERCE CENTER INC. .- t: January 6, 1986 -. Mr. James T. Golden Assistant City Planner City of Boynton Beach Boynton Beach, Fl. 33435 Dear Jim: I am currently negotiating with Pastor Charles C. Carrin of 631 Snug Harbor Drive in Boynton Beach. Pastor Carrin has expressed an interest in moving his congregation, Grace! Fellowship, to the Boynton Commercenter. The congregation would, of course, meet almost exclusively on Sundays. Mr. Carrin and a few of his staff would operate dur- ing the weekday out of an adjoining office. There would be an occasional seminar during the week in the early evening. I am hopeful that you will consider the Grace Fellowship a desirable and welcome tenant to the Boynton Commercenter. Yours sincerely, Peter J. Applefield Director of Leasing PJA/jan 1902 CORPORATE DRIVE BOYNTON BEACH, FLORIDA 33435 APPENDIX A-ZONING Sec. 4 ,."" All other area under roof. . . . . . . . . . . . . . . . . . . . . . . . . . 100% Accessory building shall not be counted as required living area. L. BUFFER WALLS. For new construction or major modifica- tion to existing developments, where a commercial and or indus- trial district abuts a residential district, a solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any ease- ment rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. With respect to the C-1 (Office and Commercial Professional District>, the solid masonry wall may be replaced with a dense vegetative buffer of at least two (2) feet in height at the time of planting. Said vegetative buffer to be maintained by the project developer. Construction of said decorative masonry wall or planting of said vegetative buffer shall be completed prior to issuance of the certificate of occupancy for the building or buildings sought to be built in connection therewith. M. SATELLITE DISH ANTENNAE. No satellite dish anten- nae shall be installed, removed or substantially modified without first obtaining a permit from the building official for structural and electrical purposes. All applicants for such a permit shall be required to submit sealed engineering drawings for structural design in a form acceptable to the building official. All satellite dish antennae installed to serve single-family or duplex homes shall be ground-mounted. No satellite dish anten- nae shall.be installed forward of the front of any building and shall not encroach into side or rear yards. All satellite dish an- tennae shall be screened on three (3) sides with hedges or walls of at least six (6) feet in height. N. PERFORMANCE STANDARDS. All uses located within the city shall conform to the performance standards set forth below, and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation, or property located on adjacent or nearby properties or- rights-of- Supp. No. 15 1901 . ---..---,--- Sec. 4 BOYNTON BEACH CODE ....... way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fIre or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applica- ble federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. 1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of section 15-8 of the City of Boynton Beach Code of Ordinances, or which, when transmitted to residential-zoned property from a non- residential zoning district or use, exceeds the limits set forth below for more than ten (10) per cent of any mea- surement period, which period shall not be less than ten (10) minutes, and which shall be measured at or within the property boundary of any residential-zoned property. Fur- thermore, no use shall be carried out in any zoning district so as to create sound of any nature which is loud and obviously offensive to a reasonably prudent person of nor- mal sensitivity situated upon adjacent or nearby residential- zoned property. Sound level measurement shall be made with a Type 2 or better sound level meter using the A-weighting scale in accordance with the standards promulgated by the Ameri- can National Standards Institute (ANSI). Maximum permissible levels for sound for transmitted to residential-zoned property from a nonresidential zoning. district or use: Supp. No. 15 1902 APPENDIX A-ZONING Sec. 4 Noise Source Mechanical equipment which is permanently affixed to real prop- erty All other sources Time Sound Level Limit ( dBA) Any time 7:00 a.m. to 11:00 p.m. 11:00 p.m. to 7:00 a.m. 60 60 55 '- In all cases where the provision set forth above conflict with section 15-8 of the City of Boynton Beach Code of Ordinances, the provisions of section 15-8 shall govern. The provisions of this paragraph shall not apply at any time to the following: a. Sound emitted from the operation of motor vehicles legally operating on any public right-of-way which are regulated by Chapter 316, Florida Statutes, Uniform Traffic Control Law, provided, however, that this ex- emption shall not apply to any sound emitting device which may be physically attached to any motor vehi- cles, such as radios, amplifiers, loud speakers, or other similar devices. b. Any noise generated by interstate motor and rail car- riers, and aircraft or airport operations. c. Any noise generated as a result of emergency work or for the purpose of alerting persons to t~e existence of any emergency. d. Any noise generated by any public speaking or public assembly activities conducted on any public space or public right-of-way pursuant to lawful authority, in- cluding sporting events. e. Noise generated by domestic power tools, or lawn mow- ers and agricultural equipment, between the hours of 7:00 a.m. to 11:00 p.m. f. Any noise operated by activity, machinery, or equip- ment referred to in section 15-8(j) of the City of Boyn- ton Beach Code of Ordinances, provided that such noise otherwise conforms to section 15-8(j). Supp. No. 15 1902.1 Sec. 4 BOYNTON BEACH CODE ......, 2. Vibrations. No use shall be carried out in any zoning dis- trict so as to create inherently and recurrently generated ground vibrations which are perceptible without instru- ments at any point at or beyond the property lines of the property on which the use is located. . 3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt, or other particular matter which may cause damage to property or vegetation, dis- comfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of- way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county, or city laws or per- mits governing the emission of such substances. 4. Odors and fumes. No use shall be carried out in any indus-, trial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fIre or explosion haz. ard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Supp. No_ 15 1902.2 APPENDIX A-ZONING Sec. 4 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity, or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is locat- ed. Artificial lighting which is used to illuminate any prop- erty or use shall be directed away from any residential use which is a conforming use according to these zoning regu- lations, so as not to create a nuisance to such residential uses. ......, 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quanti. ty, or manner which is not in conformance with the provi- sions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to aelja- cent or nearby property or rights-of-way. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radi- ation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper de- sign as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objecticnable electromagnetic interference with nor- mal radio or television reception in any zoning district. (Ord. No. 75-35, H 3, 4, 11-4-75; Ord. No. 76-41, ~ 3, 10-5-76; Ord. No. 76-61, ~ I, 1-18-77; Ord. No. 76-56, ~ I, 2-1-77; Ord. No. 78-23, ~ I, 6-20.78; Ord. No. 78-24, ~ I, 6-6-78; Ord. No. 81-19, ~ 2, 6-16-81; Ord. No. 82-1, ~ I, 1-29-82; Ord. No. 83-15, U 1,2,5-17-83; Ord. No. 83-28, ~ Supp. No. 18 1902.3 Sec. 5 BOYNTON BEACH CODE 1, 9-20-83; Ord. No. 83-38, ~ 3, 12-20-83; Ord. No. 84-21, ~ 1, 5-1-84; Ord. No. 84-31, ~ 1, 8-21-84) .- Section 5. Residential district regulation.s and use provisions. A. R-l-AAASINGLE-FAMlLYRESIDENTIALDISI'RICT. These district regulations will create the lowest population density of not more than 3.48 dwelling units per acre. 1. Uses permitted. Within any R-l-AAA single-family resi- dential district, no building, structure, land or water shall be used except for one o( the following uses: a. Single-family dwellings including the garages and other customary accessory buildings. Carports are not al- lowed. Disaster shelters are permitted. The shelters are to be used only for the designated purpose in times of danger. b. Churches and other places of worship with their at- tendant accessory uses, providing for a minimum site of one acre with a minimum of one hundred fifty (150) foot frontage. Nursery schools, primary and secondary schools and colleges and universities are not to be construed to be an accessory use to a place of worship by these regulations. c. City-owned and -operated facilities. d. Private golf courses and associated clubhouse facili- ties including private bath, swim, tennis or country clubs and community or city-owned and -operated rec- reation clubs and associations, sped- Supp. No. 18 1902.4 APPENDIX A-ZONING Sec. 7 ...~ agreements and evidence of unified control shall be exam- ined by the city attorney and no zoning of land to Pill classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. E. USES PERMITTED. In the Pill, a building and its custom- ary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail) or industrial use provided that such use or uses is(are) approved by the planning and zoning board. In approving uses in the PID, the planning and zoning board shall make findings that the use or uses proposed will not be in conflict with the perfor- mance standards listed in section 4-N of these zoning regulations, and that the use or uses proposed is(are) consistent with the intent and purpose of this section. In addition, uses permitted are subject to limitations as follows: 1. Outdoor storage of materials may be permitted based on a finding of the Planning and Zoning Board that such stor. age does not exceed fifteen (15) per cent of the total square footage of the building site and that such storage is screened and fenced to preclude exposure to the public; and 2. All uses proposed which are listed in Section B-A.3 shall require the issuance of an environmental review permit as set forth in Section 11.3 of these zoning regulations. F. USES PROHIBITED. 1. Residential uses with the exception of accessory hotels or motels. 2. Acid manufacture. 3. Cement and/or lime manufacture or processing. 4. Lumber yards. 5. Asphalt and tar plants. 6. Manufacture or storage of explosives. 7. Packing plants, canning plants or slaughter yards. Supp. No. 21 1925